Chapter 1



Chapter 1: Introduction to Forensic Science and the Law

“In school, every period ends with a bell. Every sentence ends with a period. Every crime ends with a sentence.” —Stephen Wright, comedian

Forensic Science Definition:

Includes the business of providing timely, accurate, and thorough information to all levels of decision makers in our criminal justice system.

The word forensic is derived from the Latin “forensis” meaning forum, a public place where, in Roman times, senators and others debated and held judicial proceedings.

Criminalistics:

Criminology:

Evidence is anything that tends to establish or disprove a fact. Evidence can include:

Crime Lab—Basic Services

Physical Science Unit

Chemistry

Physics

Geology

Biology Unit

Firearms Unit

Document Examination Unit

Photography Unit

Crime Lab—Optional Services

Toxicology Unit

Latent Fingerprint Unit

Polygraph Unit

Voiceprint Analysis Unit

Evidence Collection Unit

Forensic Pathology:

Forensic Anthropology:

Forensic Entomology:

Forensic Psychiatry:

Forensic Odontology:

Forensic Engineering

Cybertechnology

Ballistics- the science that deals with the motion, behavior, and effects of projectiles, most often firearms and bullets.

Palynology-

Polygraphy-

Major Crime Laboratories include:

Crime Lab History

First police crime lab in the world was established in France in _________by Edmond Locard

First police crime lab in the U.S. opened in __________ in Los Angeles

The Scientific Crime Detection Lab was founded in Evanston, Illinois in ________

The first FBI crime lab opened in _________

Major Developments in Forensic Science History- Look at timeline worksheet

Edmond Locard (1877-1966)

___________professor

Considered the father of ___________________

Built the world’s first forensic laboratory in France in ________

Locard Exchange Principle:

Crime Scene Team

A group of professional investigators, each trained in a variety of special disciplines.

Team Members

First Police Officer on the scene

Medics (if necessary)

Investigator(s)

Medical Examiner or Representative (if necessary)

Photographer and/or Field Evidence Technician

Lab Experts

pathologist serologist:

DNA expert toxicologist:

forensic odontologist forensic anthropologist

forensic psychologist forensic entomologist

firearm examiner bomb and arson expert

document and handwriting experts fingerprint expert

Scientific Method (as it pertains to criminalistics)

______________ a problem or questioned evidence and collect objective data.

Consider a ______________or possible solution.

______________, test, and then analyze the evidence.

Determine the significance of the ______________.

____________________________based on evaluation of the significance of the evidence

Complex Reasoning Skills

Necessary to Work Through and Solve Crimes:

Deductive and Inductive Reasoning

Classifying

Comparing and Contrasting

Problem Solving

Analyzing Perspectives

Constructing Support

Error Analysis

Laws that Pertain to the U.S. Criminal Justice System

The U.S. Constitution

Statutory Law:

Common Law or Case Law:

Civil Law:

Criminal Law:

Equity Law: preventative law for cases not covered by common law (i.e., a restraining order)

Administrative Law: includes rules or laws established by governmental agencies such as the IRS, Social Security and the military.

The Bill of Rights- Gives individuals the right:

To be presumed innocent until proven guilty

Not to be searched unreasonably

Not to be arrested without ______________

Against unreasonable seizure of personal property

Against self-incrimination

To fair questioning by police

To protection from physical harm throughout the justice process

To an attorney

To know any charges against oneself

To cross-examine prosecution witnesses

To speak and present witnesses

Not to be tried again for the same crime

Against cruel and unusual punishment

To due process

Against excessive bail

Against excessive fines

To be treated the same as others, regardless of race, gender, religious preference, country of origin, and other personal attributes

Due Process

The government may not take away your life, liberty, or property without following appropriate legal procedures.

Probable cause:

Miranda v Arizona

In 1963, Ernesto Miranda, a 23 year old mentally disturbed man, was accused of kidnapping and raping an 18-year-old woman in Phoenix, Arizona. He was brought in for questioning, and confessed to the crime. He was not told that he did not have to speak or that he could have a lawyer present. At trial, Miranda's lawyer tried to get the confession thrown out, but the motion was denied. The case went to the Supreme Court in 1966. The Court ruled that the statements made to the police could not be used as evidence, since Mr. Miranda had not been advised of his rights.

Miranda Rights

The following is the Miranda warning:

Types of Crimes

Infraction:

Misdemeanor:

Felony:

Steps in Pursuing Justice

1. After a crime has been committed, and evidence has been documented, a suspect may be taken into custody.

2. Suspect is __________ and informed of Miranda Rights.

3. Within ____ hours they are brought before a judge for an ____________. The suspect enters their plea of guilty, not guilty, not guilty by reason of insanity, or ____________________.

4. A person pleading guilty will be taken to a ______________________________. No jury is present, and the Judge assigns the sentence.

5. A person pleading not guilty at the preliminary hearing presents evidence to the Judge and the judge determines whether a trial is necessary, sets the trial date and sets the __________.

6. In the case of a felony, a grand jury will be in place of a preliminary hearing and the jury will hear the evidence and decide whether the suspect should be __________.

7. A defendant may choose to ____________________with the prosecutor instead of going to trial, or they will tried by a jury to determine guilt or innocence.

Booking:

Arraignment: the first act in a criminal proceding in which the defendant is brought before the court to hear charges and enter a plea.

Nolo Contendere: latin for “____________________”, the defendant doesn’t actually admit to guilt, but accepts the punishment as if they were guilty.

Preliminary hearing:

Bail: money put up to guarantee that the defendant will appear in court as directed. A bondsman will pay the bail for a fee of 10% of the bail. If the defendant doesn’t appear at court, bounty hunters will find the suspect to return them to court.

Indict:

Plea bargain: an agreement in which a defendant pleads guilty to a lesser charge and the prosecutor in return drops the more serious charges to avoid the time and cost of a trial.

Federal Rules of Evidence

In order for evidence to be admissible, it must be:

Probative—

Material—

Admissibility of Evidence

1923 Frye v. United States

Scientific evidence is allowed into the courtroom if it is generally accepted by the relevant scientific community. The Frye standard does not offer any guidance on reliability. The evidence is presented in the trial and the jury decides if it can be used.

1993 Daubert v. Dow

Admissibility is determined by:

Whether the theory or technique can be tested

Whether the science has been offered for peer review

Whether the rate of error is acceptable

Whether the method at issue enjoys widespread acceptance.

Whether the opinion is relevant to the issue

The judge decides if the evidence can be entered into the trial.

Facets of Guilt

Try to prove:

Means—

Motive—person had a reason to do the crime (not necessary to prove in a court of law)

Opportunity—

“If the Law has made you a witness, remain a man (woman) of science. You have no victim to avenge, no guilty or innocent person to ruin or save. You must bear testimony within the limits of science.” —P.C.H. Brouardel

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